Legal Opinion
In Re Sucesores De Abarca, Inc., Debtor. Tomas Padilla, Etc. v. Government Development Bank for Puerto Rico
Court of Appeals for the First Circuit
Decided December 5, 1988No. 88-1123PublishedCited by 5 opinions
1Opinion of the Court
COFFIN, Circuit Judge.
This case concerns the application of Puerto Rican mortgage law to industrial equipment. The issue is whether, by terms of the mortgage law or the mortgage deed at issue, certain overhead cranes located at a warehouse were permanently annexed to the property so as to be covered by the mortgage deed securing a commercial loan extended by appellant. We hold, contrary to the decisions below, that by operation of both covenant and statute, the cranes are subject to the mortgage.
I. FACTS
Sucesores de Abarca, Inc. (Abarca) operated an industrial plant and warehouse in Puerto…
2Cases cited14 opinions
- Christine M. SWEENEY, Plaintiff, Appellee, v. BOARD OF TRUSTEES OF KEENE STATE COLLEGE Et Al., Defendants, AppellantsCourt of Appeals for the First Circuit · 1979
- San Diego Trust & Savings Bank v. County of San DiegoCalifornia Supreme Court · 1940
- Matilde R. Ramirez De Arellano v. Jose A. Alvarez De Choudens, Etc.Court of Appeals for the First Circuit · 1978
- Maria Elisa Rodriguez v. Escambron Development Corp.Court of Appeals for the First Circuit · 1984
- Frost v. SchinkelNebraska Supreme Court · 1931
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3Cited by5 opinions
- Coggeshall Development Corp. v. William J. Diamond, Etc.Court of Appeals for the First Circuit · 1989
- prod.liab.rep.(cch)p 12,475 Kali Seafood, Inc. v. Howe CorporationCourt of Appeals for the First Circuit · 1989
- Washington Metropolitan Area Transit Authority v. Precision Small EnginesCourt of Appeals for the Fourth Circuit · 2000
- WMATA v. Precision Small EnginesCourt of Appeals for the Fourth Circuit · 2000
- Washington Metropolitan Area Transit Authority v. Precision Small EnginesCourt of Appeals for the Fourth Circuit · 2000